What to do about a policy that is not listed in the company handbook?

UPDATED: Jun 18, 2011

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What to do about a policy that is not listed in the company handbook?

I get paid by weekly. My boss approved my vacation. I worked 40 hours in the first week and then went on vacation so I had 16 hours of vacation in week 1. In week 2, I had 16 hours of vacation and completed the week with 40 hours of work. My HR stated that I could not work 40 hours and get paid vacation as is is considered cashing out vacation time, which apparently they don’t allow. I looked in our employee handbook and there is nothing to that effect stated in there. I stated to them that I had no choice but to work prior to taking vacation due to staffing requirements.

Asked on June 18, 2011 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It's not necessary to describe every policy in an employee or company handbook. As a general rule, in the absence of an employment contract, employees are employees at will, which means that the companies can set work policies at will. If there is an employee handbook, that handbook may limit them as to anything described in the handbook, but will not affect them as to issues, policies, circumstances not listed in the handbook.

Typically, companies do *not* let an employee get paid for an entire week and then also get paid vacation time as well. That's to say that what you want to do is illegal, but it is unusual, against the norm, and probably not (depending on the exact circumstances, etc.) supported by labor law. It is unlikely you could require them to pay you for vacation for a week in which you earned your ful wages. That said, if this is important to you, you need to consult in person with an attorney who can evalute the company handbook, the authorizations you received, and all the circumstances in detail.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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